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Scott Martin

Experience

Scott is co-chair of the firm’s Antitrust practice group. Scott’s perspective is a unique one, as prior to joining the firm in 2015, he played major roles in defending antitrust and class action cases as a partner in two leading international law firms. Over the course of more than 25 years, he also has negotiated resolutions of numerous regulatory investigations and actions on behalf of corporate clients. Scott’s practice extends to bench and jury trials in both federal and state courts, complex federal multidistrict actions, class actions involving direct and indirect purchasers, parens patriae cases, FTC and DOJ investigations as well as other regulatory actions, and qui tam litigation.

Clients

Scott has two decades of counseling experience across a broad range of industries on pricing, distribution, competitive intelligence, joint ventures, and non-compete agreements, among other competition issues, and has designed antitrust compliance programs for some of the world’s largest corporations.

Practice Areas

Antitrust / Competition

  • In re National Football League’s “Sunday Ticket” Antitrust Litigation –  Scott serves as co-lead counsel on behalf of businesses against DirecTV, a leading provider of digital entertainment in the United States, and the National Football League (“NFL”), alleging that the NFL’s exclusive agreement to allow DirecTV to broadcast out-of-market Sunday NFL football games violated the antitrust laws.
  • In re Libor-Based Financial Instruments Antitrust Litigation – Class action lawsuit alleging a global conspiracy by some of the world’s largest financial institutions to manipulate LIBOR. The manipulation of LIBOR, which is the primary benchmark for short-term interest rates for trillions of dollars-worth of financial transactions worldwide, is alleged to have caused billions of dollars in damage to municipalities, businesses, and investors.
  • In re Blue Cross Blue Shield Antitrust Litigation – In one of the largest and most complex antitrust class action cases ever litigated, Scott represents tens of millions of subscriber plaintiffs alleging higher premiums and loss of competition in the market for health insurance due to a conspiracy among 36 insurer defendants to allocate geographic territories.  In 2018, the subscriber plaintiffs achieved summary judgment on the application of a per se standard to the alleged conduct, streamlining the case for class certification and trial.
  • Core-Mark NY CMSA Litigation – Multi-plaintiff action asserted against leading distributors of cigarettes and other consumer goods in New York under the Cigarette Marketing Sales Act.

Antitrust Counseling and Compliance

  • Scott regularly presents compliance talks to businesspersons at industry-leading apparel, industrial, retailing, and distribution clients.
  •  Scott currently is providing competition advocacy before the Federal Trade Commission and merger advice to a Fortune 100 company.

Environmental Threats

Public Entity

What Others Say

  • Scott has been ranked continuously by Chambers & Partners as a leading lawyer since 2006 and is currently listed in Band 1 for Antitrust: Mainly Plaintiff (NY)
    • Chambers noted, "Cochair of the antitrust group, Scott Martin lends plaintiff clients his cutting-edge expertise in antitrust litigation honed over years of defense-side representation. He regularly appears in state and federal jury and bench trials in the most complex of matters.” (Chambers, 2020)
  • The Legal 500 identifies Scott as a “Recommended Lawyer” who is “friendly, engaging, and spot-on.” (2015-Present)
    • "Scott Martin is a pleasure to work with. He is extremely polished, an expert in the field and a pleasure to work with." (The Legal 500, 2020)
  • Scott has been recognized by the Best Lawyers in America for Antitrust Law and for Litigation – Antitrust every year since 2012. A past client commented to Best Lawyers, “I was extremely impressed with his knowledge and attentiveness as well as his ability to truly enjoy servicing his client in a productive and cost-effective manner."
  • Scott was honored by the American Antitrust Institute with the award for “Outstanding Antitrust Litigation Achievement in Private Law Practice” as part of the In re Air Cargo Antitrust Litigation case team (2016).
  • International Who’s Who of Competition Lawyers and Economists, Lawdragon, International Who’s Who of Business Lawyers, Super Lawyers, and others reflect recognition of Scott’s work by his peers.
  • Clients, colleagues, and adversaries have referred to Scott in print variously as a “terrifically talented and surefooted” litigator” and “an astute operator who always adds value to proceedings” while also serving as a “business-oriented lawyer who looks to see what the overall issues are and determines how best to approach the representation of those interests, including common sense approaches to exit strategies where feasible.”

Education

Stanford Law School, J.D., 1990

Stanford University, A.B., with honors, 1987

Bar Admissions

New York

District of Columbia

Supreme Court of the United States

Numerous Federal District and Circuit Courts

Affiliations & Memberships

Antitrust Law Section Delegate to the ABA House of Delegates (2020-21)

Fellow, American Bar Foundation

Fellow, Litigation Counsel of America

Secretary and Communications Officer, American Bar Association, Antitrust Law Section

  • Previous positions include: Council member, Chair of Trial Practice Committee, Chair of Civil RICO Committee, Chair of Global Private Litigation Conference, and Editorial Board of Antitrust Law Developments, among others)

Executive Committee, New York State Bar Association, Antitrust Section

Editorial Board (Competition), Law360 (2012-2018)

Treasurer and Board of Directors member, WHEDco (leading Bronx non-profit housing, educational and community development organization)

News & Press

“Settlement Practice from Both a Plaintiff and Defense Perspective, ” Chapter, American Antitrust Institute Handbook on Private Enforcement of Competition Law (U.S. Edition), 2012, co-author with Joseph Tobacco

After American Needle, Is Everything Old New Again? Competition Law360, August 4, 2010

"Can Anyone Keep a Secret Anymore? Beware the differing privilege regimes in the global environment," New York Law Journal, November 16, 2009

“The linkLine Decision: Section 2 Gets Squeezed Further, ” GCP: The Online Magazine for Global Competition Policy, April 2009

“Antitrust Injury in Robinson-Patman Cases: What's Left?, ” GCP: The Online Magazine for Global Competition Policy, November 2008

“One Year Post-'Twombly,' Trends Emerge, ” New York Law Journal, August 25, 2008

Chapter, “Litigating International Antitrust Cases, ” J. von Kalinowski, Antitrust Counseling and Litigation Techniques, 2007 and update

“A Rule Of Reason For Vertical Price Fixing - Part II, ” The Metropolitan Corporate Counsel, Volume 15, No. 11, November 2007, co-author with Fiona A. Schaeffer

"A Rule Of Reason For Vertical Price Fixing - Part I, ” The Metropolitan Corporate Counsel, Volume 15, No. 10, October 2007

"Antitrust in Distribution - Tying, Bundling and Loyalty Discounts, Resale Pricing Restraints, Price Discrimination - Part I, ” The Metropolitan Corporate Counsel, Volume 14, No. 4, April 2006 

Chapter, “Private Antitrust Litigation, ” Global Competition Review - Getting the Deal Through, 2005

Chapter, “Advising Foreign Clients on US Antitrust Law, ” Asia Pacific Antitrust & Trade Review, 2005 

Antitrust Adviser (5th ed.), forthcoming, co-editor with Irving Scher

Chapter (Section 5 of the FTC Act), Business Torts & Unfair Competition Handbook (3d ed.)

Chapter (New York), State Antitrust Practice and Statutes (past three editions)

Publications

Books and Chapters

Co-author, “Settlement Practice from Both a Plaintiff and Defense Perspective,” Chapter, American Antitrust Institute Handbook on Private Enforcement of Competition Law (U.S. Edition), 2012

Author, Chapter, “Litigating International Antitrust Cases,” J. von Kalinowski, Antitrust Counseling and Litigation Techniques, 2007 and update

Co-author, “Private Antitrust Litigation,” Chapter, Global Competition Review - Getting the Deal Through, 2005

Co-author, “Advising Foreign Clients on US Antitrust Law,” Chapter, Asia Pacific Antitrust & Trade Review, 2005

Co-editor, Antitrust Adviser (5th ed.) two-volume treatise

Co-author, Chapter (Section 5 of the FTC Act), Business Torts & Unfair Competition

Co-author, Handbook (3d ed.) Chapter (New York), State Antitrust Practice and Statutes (past three editions)

Contributor, Competition Damages Actions in the EU: Law and Practice (2d ed.)

Articles

Co-author, "Cartel Damage Recovery: A Roadmap for In-House Counsel,” Antitrust Magazine, Fall 2017 (Winner, Concurrences Writing Award)

Co-author, "SCWA Pursues Legal Action Against Companies Responsible for PFOS, PFOA and 1,4-Dioxane Contamination," Lexology, November 2017

Co-author, "Horizontal conspiracy complaints face different fates under Twombly “plausibility” standard," Lexology, October 2015

Author, “After American Needle, Is Everything Old New Again?” Competition Law360, August 4, 2010

Author, "Can Anyone Keep a Secret Anymore? Beware the differing privilege regimes in the global environment," New York Law Journal, November 16, 2009

Author, “The linkLine Decision: Section 2 Gets Squeezed Further,” GCP: The Online Magazine for Global Competition Policy, April 2009

Author, “Antitrust Injury in Robinson-Patman Cases: What's Left?” GCP: The Online Magazine for Global Competition Policy, November 2008

Author, “One Year Post-'Twombly,' Trends Emerge,” New York Law Journal, August 25, 2008

Co-author, “A Rule Of Reason For Vertical Price Fixing - Part II,” The Metropolitan Corporate Counsel, Volume 15, No. 11, November 2007, co-author with Fiona A. Schaeffer

Author, "A Rule Of Reason For Vertical Price Fixing - Part I,” The Metropolitan Corporate Counsel, Volume 15, No. 10, October 2007

Author, "Antitrust in Distribution - Tying, Bundling and Loyalty Discounts, Resale Pricing Restraints, Price Discrimination - Part I,” The Metropolitan Corporate Counsel, Volume 14, No. 4, April 2006

Presentations & Speeches

Panelist, "Honest Broker Or Advocate: Effective Expert Testimony," ABA Section of Antitrust Law Virtual Spring Meeting, April 2020

Panelist, "Competition Tort Claims Around the Globe,” ABA Section of Antitrust Law Spring Meeting, March 2019

Speaker, "Competitor Collaborations: US and EU Joint Venture Law," ABA Section of Antitrust Law, April 2013

Speaker, "'Have I Got a Deal for You': Big Sellers, Big Issues," New York City Bar Association, January 2013

Moderator, "Discovery by Leaps and Bounds: Practical Issues in International Antitrust Cases," ABA Section of Antitrust Law, November 2012

Speaker, "Comcast v. Behrend: Rigorous Analysis – How Much Is Too Much?" New York State Bar Association (NYSBA) Antitrust Law Section, October 2012

Speaker, "Pricing Fundamentals: Pricing Tied to Other Offerings," ABA Section of Antitrust Law, February 2012

Speaker, “Settling Class Action Litigation,” American Antitrust Institute 5th Annual Future of Private Antitrust Enforcement Conference, December 2011

Speaker, “Trying a Case Involving Mixed Vertical and Horizontal Restraints: The Legal, Economic and Practical Considerations,” ABA Section of Antitrust Law, October 2011

Speaker, “International Cartel Enforcement in the Digital Age: Collection and Use of Evidence Beyond Borders,” New York State Bar Association (NYSBA) Antitrust Law Section, January 2011

Speaker, “New York's Donnelly Act: Another Tool in the Chest?,” NYSBA Antitrust Law Section and ABA Section of Antitrust Law, July 2010

Speaker, "Pricing Issues," PLI Antitrust Counseling & Compliance Seminar, February 2010

Speaker, “Robinson-Patman - Price Discrimination,” Practising Law Institute (PLI) Advanced Antitrust Seminar: Distribution & Marketing, annually 2003-2009

Speaker, “Tying and Bundling -- Consumer-Friendly Offers or Exclusionary Conduct?” ABA Section of Antitrust Law, May 2009

Speaker, “Mastering the Discovery Process for the General Counsel: How to Master the Costs and Burdens of Federal Discovery,” Incisive Media, November 2008

Speaker, “Bundled Discounts: Careful Practice in the Face of Unsettled Law,” Ohio State Bar Association Antitrust Institute, November 2008

Speaker, “Antitrust Developments – A Busy Supreme Court Term Plus A Look at Joint Marketing Activities and Information Sharing,” ABA Section of Environment, Energy and Resources, 21st Annual Petroleum Refining and Marketing Law Roundtable, October 2006

Session Chair, “Antitrust Meets Civil RICO on a Grand Scale,” ABA Section of Antitrust Law, March 2006

Speaker, “Vive le Difference: Dealing Effectively with State Enforcers,” ABA Section of Antitrust Law, March 2006

Defense Counsel, ABA Antitrust Litigation Course: Mock Trial, October 2005

Panelist, “Lest We Not Forget: State Law Constraints on Price by Robinson-Patman Act,” ABA Section of Antitrust, June 2005

Session Chair, “Defending Against Employee Raiding,” ABA Section of Antitrust Law, March 2005

Session Chair, “Assessing an Unfair Competition Case Under California Section 17200,” ABA Section of Antitrust Law, March 2004

Speaker, “Price Discrimination and Slotting Allowances,” Conference Board Antitrust Conference, March 2003

Speaker, “The Front Lines: Prudent Business Decision-Making in Light of the New Realities of Distribution,” March 2003

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